In re Formal Inquiry Concerning Judge Hormes

Smith J., delivered the opinion of the Court. Pursuant to the powers vested in it by Maryland Constitution Art. IV, §§ 4A-4B the Judicial Disabilities Commission instituted proceedings against Cullen H. Hormes, a judge of the Third Judicial Circuit of Maryland. It was alleged to the Commission that Judge Hormes had borrowed money from a bail bondsman and that the money had been repaid in cash on a golf course located in Baltimore County. We shall focus particularly on his failure to report this borrowing on his financial disclosure statement.

The Commission has filed an opinion in which it has recommended censure of Judge Hormes pursuant to Maryland Rule 1227. As permitted by Rule 1227 q 5, Judge Hormes waived his right to a hearing before this Court. No exceptions have been filed to the recommendation of the Commission. The Commission’s opinion states in pertinent part: ⁶⁷⁴ "The Commission contacted Judge Hormes relative to the matter and invited the judge to appear informally before the Commission.

When Judge Hormes appeared on January 7, 1981, he verbally waived his right to counsel and his Fifth Amendment rights against self-incrimination, and he voluntarily admitted that he had, in fact, borrowed the sum of $2,000 from Lee L. Smith. Judge Hormes advised that he needed the money to pay his real estate taxes. The interest free loan was made by Smith to Judge Hormes on February 24, 1978. The judge executed a promissory note payable to Smith.

A check of the tax records discloses that Judge Hormes did, in fact, pay his real estate taxes on the same date. "On .June 20, 1980, Judge Hormes repaid the $2,000 loan without interest. The repayment was máde by cash. Judge Hormes informed the Commission that he had obtained the money with which to repay the loan from recovery in a personal injury claim.

"Judge Hormes acknowledged that he did not disclose the loan from Smith in the Financial Disclosure reports to the Administrative Office of the Courts in 1978 and 1979. After the Commission inquiry, the judge amended his returns so as to reveal the loan. "The Commission further investigated court records in order to determine whether Lee L. Smith had ever had any bond forfeiture stricken by Judge Hormes. The investigation was entirely negative in